The government is prepared to advise the Yang di-Pertuan Agong to declare a state of emergency if there is a need for it.
Law Minister Datuk Takiyuddin Hassana said this during the question and answer session in the Dewan Rakyat today (5 November), reported Berita Harian.
“The government recently advised the king to invoke a state of emergency for the whole country because of 20 reasons given by the cabinet,” he said.
“If we think it’s necessary, we will consider it, if not for the whole country then any parts thereof.”
“Anyway, in terms of the Constitution, it is permissible.”
He added that the Agong has the authority to declare a state of emergency nationwide or any parts thereof according to Article 150 of the Federal Constitution.
This comes after MP for Pasir Gudang, Hassan Abdul Karim questioned whether the government intends to face the Agong again to obtain consent on the declaration of emergency in certain areas to postpone the Batu Sapi by-election and the State Election for Sarawak following the resurgence of Covid-19 in the country.
Previously, Prime Minister Tan Sri Muhyiddin Yassin said that the Batu Sapi by-election and Sarawak’s state election cannot be postponed during the Covid-19 pandemic unless a state of emergency is declared, reported The Edge Markets.
He said it states in Clause 1, Article 54 of the Federal Constitution that an election must be held within 60 days after a seat falls vacant. Similarly in Clause 4, Article 21 of Sarawak’s State Constitution, it states that an election to be held within 60 days following the dissolution of the State Legislative Assembly.
“We cannot do anything as this is stated in the Federal Constitution and therefore elections must be held. If a state of emergency can be declared under Article 150 of the Federal Constitution in Batu Sapi and Sarawak, we can postpone both elections until the end of the Covid-19 pandemic,” he said.
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